criminal courts

Question 1

what is a summary offence?

Answer 1

the least serious offences, only held in the magistrates court.
eg. common assault

Question 2

what is a triable either way offence?

Answer 2

an offence which can either be tried in the magistrates court or the crown court.
eg. assault occasioning ABH.

Question 3

what is an indictable offence?

Answer 3

the most serious crimes which must be tried in the crown court.
eg. murder

Question 4

who are magistrates?

Answer 4

legally qualified district judges or unqualified lay justices.
there is a legally qualified clerk to assist the magistrates.

Question 5

what is the maximum sentence given by a magistrate?

Answer 5

6 months.
they can also impose fines.

Question 6

what is the role of the magistrates?

Answer 6

• try all summary offences
• try any triable either way offences where the defendant agrees to a summary trial.
• deal with preliminary hearings
• deal with side matters connected to criminal cases, such as issuing warrants for arrest.

Question 7

what are the appeal routes from the magistrates court?

Answer 7

to the crown court or to the administrative court in the queens bench division.

Question 8

if the defendant pleaded guilty to the magistrates court, what can they only appeal to the crown court?

Answer 8

sentence

Question 9

if they pleaded not guilty, what can they appeal?

Answer 9

sentence and conviction

Question 10

what is a case stated appeal? .

Answer 10

an appeal on a point of law which goes to the administrative court.
used by defendant appealing against a conviction or by the prosecution against an acquittal.

Question 11

when is further appeal to the supreme court available?

Answer 11

1. the divisional court certifies that a point of law of general importance is involved
2. the divisional court or the supreme court gives permission.

Question 12

what does the crown court deal with?

Answer 12

• triable either way offences when the magistrates have decided the case is too serious for them.
• all indictable offences
  -appeals from the magistrates court.

Question 13

who hears the cases in the crown court?

Answer 13

a judge and a jury of 12.
the jury decides whether they are guilty or not guilty.

Question 14

what court can the defendant appeal to from the crown court?

Answer 14

court of appeal

Question 15

what can a defendant appeal from the crown court?

Answer 15

conviction and sentence.

Question 16

what must the defendant get to appeal to the court of appeal from the crown court?

Answer 16

leave to appeal.
considered by a single judge in private.

Question 17

what can the court allow under an appeal?

Answer 17

• an appeal against a conviction if they think the conviction is unsafe
• they can dismiss the appeal in any other case.

Question 18

what can the prosecution appeal from the crown court?

Answer 18

• against a judges ruling
• against acquittal

Question 19

what are the two situations where the prosecution can appeal against an acquittal?

Answer 19

• where one or more jurors are bribed or threatened by associates of the defendant.
• where there is new and compelling evidence of the acquitted persons guilt.